By: Huffman S.B. No. 1772
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of certain offenses
committed against juveniles in custody; imposing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.04, Penal Code, is amended to read as
follows:
(a) An official of a correctional facility or juvenile
facility , an employee of a correctional facility or juvenile
facility, a person other than an employee who works for
compensation at a correctional facility or juvenile facility, a
volunteer at a correctional facility or juvenile facility, or a
peace officer commits an offense if the person intentionally:
(1) denies or impedes a person in custody in the exercise or
enjoyment of any right, privilege, or immunity knowing his conduct
is unlawful; or
(2) engages in sexual contact, sexual intercourse, or
deviate sexual intercourse with an individual in custody or, in the
case of an individual in the custody of the Texas Juvenile Justice
Department or placed in a juvenile justice facility operated by or
under contract with a juvenile board Texas Youth Commission,
employs, authorizes, or induces the individual to engage in sexual
conduct or a sexual performance.
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor. An offense under Subsection (a)(2) is a state jail
felony, except that an offense under Subsection (a)(2) is a felony
of the second degree if the offense is committed against:
(1) an individual in the custody of the Texas Juvenile
Justice Department or placed in a juvenile justice facility
operated by or under contract with a juvenile board Texas Youth
Commission; or
(2) a juvenile offender detained in or committed to a
correctional facility the operation of which is financed primarily
with state funds.
(c) This section shall not preclude prosecution for any
other offense set out in this code.
(d) The Attorney General of Texas shall have concurrent
jurisdiction with law enforcement agencies to investigate
violations of this statute involving serious bodily injury or
death.
(e) In this section:
(1) "Correctional facility" means:
(A) any place described by Section 1.07(a)(14); or
(B) a "secure correctional facility" or "secure detention
facility" as defined by Section 51.02, Family Code.
(2) "Custody" means the detention, arrest, or confinement
of an adult offender or the detention or the commitment of a
juvenile offender to a facility operated by or under a contract with
the Texas Juvenile Justice Department or a facility operated by or
under contract with a juvenile board Texas Youth Commission.
(3) "Sexual contact," "sexual intercourse," and "deviate
sexual intercourse" have the meanings assigned by Section 21.01.
(4) "Sexual conduct" and "performance" have the meanings
assigned by Section 43.25.
(5) "Sexual performance" means any performance or part
thereof that includes sexual conduct by an individual.
(f) An employee of the Texas Department of Criminal Justice,
the Texas Juvenile Justice Department Texas Youth Commission, or a
local juvenile probation department commits an offense if the
employee engages in sexual contact, sexual intercourse, or deviate
sexual intercourse with an individual who the employee knows is
under the supervision of the department, commission, or probation
department but not in the custody of the department, commission, or
probation department.
(g) An offense under Subsection (f) is a state jail felony.
(h) It is an affirmative defense to prosecution under
Subsection (f) that the actor was the spouse of the individual at
the time of the offense.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.